Alpine Housing Development Corporation Ltd. v. Central Railway
Case brief
What is this about?
Substitute arbitrator appointment by consent - Bombay HC OOCJ, Arbitration Petition 281/2024, Alpine Housing Development Corporation Ltd. v. Central Railways (Somasekhar Sundaresan J., 04.08.2025). Justice R.Y. Ganoo (Former Judge) appointed Sole Arbitrator for Agreement disputes; contention of limitation on original claim and effect of delay by both sides expressly left open; no opinion on merits; disclosure under Section 11(8) read with Section 12(1) of the Act within two weeks; email communication = valid service; arbitral costs shared equally in first instance.
What did the court decide?
By consent, appointment of Justice Shri. R.Y. Ganoo, a Former Judge of the Bombay High Court, as substitute Sole Arbitrator for the parties' Agreement disputes; statutory disclosure under Section 11(8) read with Section 12(1) of the Act to be forwarded within two weeks; copy of the Order to reach the Sole Arbitrator within one week; parties to appear before the arbitrator with contact particulars; email communications to constitute valid service; arbitral costs and fees borne equally in the first instance, subject to the final award on costs; all contentions including limitation and delay, and all merits issues, expressly left open.